Oklahoma courts rule that it is no big deal and quite legal for guys lacking in integrity to force oral sex on unconscious women. If the women are impaired from too much alcohol, too bad. Rawstory reports the Oklahoma ruling passed unanimously and has anti-rape advocates outraged. They view the ruling as horribly outdated. They say it speaks to the archaic laws that remain on the books and very grey area of consent. For the record, non-consensual oral sodomy is rape.
She Was Passed Out On The Ride Home
The case involves two Oklahoma teens. A 17-year-old boy allegedly forced himself on a 16-year-old girl whom he’d given a ride home to when they left a Tulsa park. The teens were drinking and a second male teen riding with them told officials the girl was in and out of consciousness on the ride. When they arrived at her grandmother’s house she was still out cold. She was taken to the hospital where her blood alcohol content was higher than 3.4. She regained consciousness while hospital staff checked her out and completed a sexual assault examination.
He Forced His Penis In Her Mouth While She Was Passed Out
The boy maintains that she gave consent to sex. DNA was found on the back of her leg and on her face. More specifically DNA was around her mouth. He was charged with oral forcible sodomy. A trial judge disagreed and dismissed the case. Late last month it was determined that the law doesn’t stick when a victim is incapacitated by alcohol. The court went on to explain,
“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation,” the decision read. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. “We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”
District Attorney Benjamin Fu Makes Things Clear
Tulsa County District Attorney Benjamin Fu said,
“The plain meaning of forcible oral sodomy, of using force, includes taking advantage of a victim who was too intoxicated to consent,” “I don’t believe that anybody, until that day, believed that the state of the law was that this kind of conduct was ambiguous, much less legal. And I don’t think the law was a loophole until the court decided it was.”
He concluded his remarks with,
” To focus on why the victim was unable to consent, he continued, puts the victim at fault.”
Sounding off as a traitor to women everywhere, the defendant’s attorney Sharon McMurray said,
“There was absolutely no evidence of force or him doing anything to make this girl give him oral sex,” McMurray said, “other than she was too intoxicated to consent.”
Forcible Oral Sodomy is Rape, Period
She is using current laws to back up her client’s claim. She is choosing to discount everything about this case that says he raped the girl against her will. I can’t get the image of him forcing himself into her mouth while she lay unconscious out of my mind. Allowing him to get away with such an unforgiving assault against another person is a travesty. It sends the message that males are privileged to sex no matter what. Get it together, Oklahoma!
Featured Image: Getty/Justin Sullivan
